Fact Sheet: Employment Records Frequently Asked Questions
Self-advocacy guide for people with disabilities about their rights surrounding their employment record, or personnel file.
This resource is intended as a self-advocacy guide for people with disabilities and is not legal advice. For legal advice specific to your situation, please contact an attorney.
What is an employment record?
Your employment record contains information about your employment, such as hiring information, disciplinary actions, and performance reviews. Certain private or sensitive information, such as background checks, drug test results, or information about protected characteristics such as race, ethnicity, sex, or disability, may be kept separately.
Am I allowed to see my employment record?
Under Wisconsin law, an employer must allow an employee to inspect their employment record upon request at least two times each calendar year. After receiving a request, the employer generally has seven working days to provide the employee with an opportunity to inspect the records. See Wisconsin Statute § 103.13.
Why would I want to request my employment record?
Knowing what is in your employment record can help you understand what information your employer has documented about your employment. It may also be useful if you are considering filing a complaint or taking legal action involving your employer.
How do I request my employment record?
It is a good idea to request your employment record in writing and keep a copy of your request. You may use a sample request letter or write your own.
Can my employer charge me for a copy of my employment record?
If you request a copy of your employment record, your employer may charge you a reasonable cost for reproducing the records.
What if I disagree with something in my employment record?
If you disagree with information in your employment record, you can ask your employer to correct or remove it. If you and your employer cannot agree on a correction or removal, you may submit a written statement explaining your position. Your statement must then be attached to the disputed information in your employment record.
Can I see everything in my employment record?
Wisconsin's employment records law does not apply to employers that do not maintain personnel records. The law also identifies certain records that an employee does not have the right to inspect.
Examples include:
Records relating to the investigation of possible criminal offenses committed by the employee.
Letters of reference for the employee.
Certain test documents, although the employee may be able to see their test score.
Materials used for staff management planning, including recommendations about future salary increases, bonuses, job assignments, or promotions.
Certain personal information involving someone other than the employee.
See Wisconsin Statute § 103.13 for the complete requirements and exceptions.
What if my employer refuses to let me see my employment records?
If your employer refuses to allow you to inspect your employment records, consider whether there is another person within the organization you can contact. For example, if you made the request to your supervisor, you could make a written request to your employer's Human Resources department and keep a copy for your records.
You may also file a complaint with the Wisconsin Department of Workforce Development Equal Rights Division. Learn more about filing a labor standards complaint with the Equal Rights Division.
What if my employer retaliates against me for requesting my employment record?
Your right to inspect your employment records is protected by Wisconsin law. If you believe your employer is retaliating against you because you requested your records, document what is happening and consider contacting an attorney or advocate to discuss your situation.
